If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Q - I am currently married to a US citizen for 4 years.  I am a permanent resident.  She has put in the initial papers to file for a divorce.  I had my conditional status removed about 5 months ago for my permanent residency. We have 2 children who were born here in the US. What would be the implications for me remaining here in the U.S. and am I able to apply for citizenship.  Will my 2 kids retain their citizenship from the U.S.?

A - You should not have a problem remaining in the US. However, you'll have to wait five years to apply for citizenship like everyone else rather than three years as a spouse of a US citizen.  As for your children, children born in the US are automatically US citizens (with a very minor exception for some children of diplomats) and they would not have a problem maintaining that status.

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Q - My mom lives in California and I live in Las Vegas. I am now eligible to adjustment of status based on my mom's petition. Can you please tell where should I file for my adjustment of status, Las Vegas or California? Please let me know.

A - File based on where you live, not your mother’s residence.

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Q - Thanks very much for the great website! I am a green card holder and eligible to apply for naturalization in October 2005. I was wondering if I could apply for a K-1 fiancé visa after I have customary marriage ceremony in India over the next 12 months (while I am still a permanent resident). I am planning to get marriage certificate in the US after she comes here on K-1. Can this be done?

A - You need to be a sworn in US citizen before you will be able to sponsor someone for a K-1 visa.

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Q - I have Indian passport and I am working in Hong Kong and my new employer filed my petition for an H-1B visa which was stamped in the US consulate in Hong Kong. But my present employer now has offered me an L visa to come to the US. My present employer has branches in the US also. Is it possible to proceed with an L visa if H1 is already stamped.

A - Yes, this is possible. You can simply reapply for an L-1 visa at a consulate and will not be prohibited from applying based on your prior H-1B approval as long as you can demonstrate that you, the employer and the position otherwise qualifies for the L-1.

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Q - Hi. I would like to ask if a recent bankruptcy on my record would prevent me from bringing my fiancée here on a fiancée visa. I have all of the requirements for the I-134F affidavit of support.

A - No, a bankruptcy is not considered in a permanent residency petition.